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To Build a Better Criminal Justice System 25 Experts Envision the Next 25 Years of Reform

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The divorce revolution of the 1960s had two principal effects. One was in the enactment in most states of “no-fault” divorce laws, whereby marital breakdown either became the sole ground for divorce, as in California, or where a “no-fault” ground was added to the traditional “fault” grounds for divorce (adul- tery, extreme cruelty, and desertion), which were made much easier to prove. These changes occurred in part because of a general recognition in society of the fact that marital breakdown rather than the “fault” grounds was really the cause of divorce. This recognition was accompanied by abandonment of the traditional judicial public policy, which had favored saving marriages at all costs and making it quite difficult, if not impossible, to obtain a divorce. Instead, a new judicial public policy was adopted, favoring the view that it was better to bury “dead” marriages than to require unhappy couples to remain married against their will. The other principal effect of the divorce revolution was the adoption in the 42 common-law states of the community property concept of equitable distribution of property upon divorce. This change responded to the generally accepted view that marriage was in certain respects an economic partnership of two equal part- ners. Equitable distribution of property in divorce had always been a part of the family law of the eight community property states, which viewed marriage as an equal partnership, a concept derived from the Spanish and French laws. The basic community property principle is that all property acquired during a marriage is owned in common, usually belonging to both spouses by halves. That property is termed marital property. Property acquired by either spouse prior to marriage or by third-party gift or inheritance during marriage is termed sepa- rate property and is not subject to equitable distribution on divorce.

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Series Title

To Build a Better Criminal Justice System 25 Experts Envision the Next 25 Years of Reform

Call Number

-

Publisher

: ., 2012

Collation

1-553

Language

English

ISBN/ISSN

0-471-41832-3

Classification

NONE

Content Type

-

Media Type

-

Carrier Type

-

Edition

Second Edition

Subject(s)

Criminal Justice

Specific Detail Info

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